United States Fourth Circuit

Encounter where the defendant, an interstate traveler, accompanied a uniformed and armed police officer, who had retained his driver's license, into a police cruiser, was consensual and therefore did not constitute a "seizure" within the meaning of the Fourth Amendment; thus, recovered evidence that flowed from the encounter was not illegally obtained.

Appellate Information

• Argued 11/02/2001
• Decided 02/28/2002
• Published 02/28/2002

Judges

• Before NIEMEYER and LUTTIG, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel William Stiller, Assistant Federal Public Defender, Greenbelt, Maryland, for Appellant.  Gina Laurie Simms, Assistant United States Attorney, United States Attorney's Office, Greenbelt, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellant.  Stephen M. Schenning, United States Attorney, United States Attorney's Office, Greenbelt, Maryland, for Appellee.